HEARTLAND EMPLOYMENT SERVICES permissibly self-insured administered by TRISTAR RISK MANAGEMENT ELSA LANCASTER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELSA LANCASTER, Applicant,vs.HEARTLAND EMPLOYMENT SERVICES,permissibly self-insured, administered byTRISTAR RISK MANAGEMENT, Defendants.Case Nos. ADJ8414983ADJ9215505(Riverside District Office)ORDER DENYINGPETITION FORRECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the Report and Recommendation on Petition for Reconsideration of the workers’ compensation administrative law judge (WCJ). Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. In reaching this disposition, we note that it is well established that the relevant and considered opinion of one physician, though inconsistent with other medical opinions, may constitute substantial evidence. (See Place v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 372 [35 Cal.Comp.Cases 525].)Furthermore, we have extended to the WCJ’s finding on credibility the great weight to which it is entitled. (Garza v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal.Comp.Cases 500].)/ / // / // / // / // / // / // / // / / , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD _____________________________________________DEIDRA E. LOWE I CONCUR, DEPUTY_____________________________________________CRISTINE E. GONDAK _____________________________________________KATHERINE ZALEWSKI DATED AND FILED AT SAN FRANCISCO, CALIFORNIA JUL 21 2014 SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.CARONNA & JOHNSONELSA LANCASTERWILSON & PESOTAmm , [h4]CASE NO: ADJ8414983-
ELSA LANCASTER vs. HEARTLAND EMPLOYMENT SERVICES Permissibly Self-insured Administered By TRISTAR RISK MANAGEMENT
-MF, ADJ9215505 is a case in which Elsa Lancaster, an employee of Heartland Employment Services, is appealing a decision by the Workers' Compensation Appeals Board denying her petition for reconsideration. The petition for reconsideration was based on the claim that she sustained a continuous trauma injury to her right knee while working for Heartland Employment Services. The Board denied the petition for reconsideration, finding that the medical opinion of one physician, though inconsistent with other medical opinions, may constitute substantial evidence, and that the WCJ's finding on credibility was entitled to great weight.
- Filed On:
- Court: California, Riverside
- Case No. ADJ8414983
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